Retail & E-Commerce

  • April 16, 2024

    Cooperation Helped Cable Co. Avoid Prosecution, Feds Say

    The U.S. Department of Justice's fraud section has indicated it won't prosecute Proterial Cable America for allegedly fraudulently misrepresenting the safety standards compliance of its motorcycle brake hose assemblies because of the company's timely self-disclosure, cooperation and remediation, among other things.

  • April 16, 2024

    Corp. Transparency Act A Valid Use Of Powers, 11th Circ. Told

    The U.S. Department of Treasury told the Eleventh Circuit that a federal district court erred in finding the Corporate Transparency Act unconstitutional, saying the lower court misunderstood the law's scope and relation to efforts to curb financial crime.

  • April 16, 2024

    'Wide As The Ocean': Apple Judge Pans Investor Deal Release

    A California federal judge declined Monday to preliminarily approve Apple's nonmonetary settlement in a derivative-shareholder suit over claims it secretly slowed iPhones, criticizing the deal's release of claims that "relate" to the case as overbroad and noting that, "in practice, lawyers argue that 'relate' is as wide as the ocean."

  • April 16, 2024

    Amazon Beats Suit After Injured Drivers Bury Medical Details

    Amazon can't be held liable in a personal injury lawsuit accusing an affiliate semitruck driver of rear-ending a family's vehicle, Michigan appeals court has ruled, saying it's not the court's responsibility to dig through a "huge stack of medical records" to find information favorable to the plaintiff.

  • April 16, 2024

    Tai Sidesteps As GOP Reps Try To Pin Down Trade Timeline

    Republicans on the House Ways and Means Committee castigated U.S. Trade Representative Katherine Tai on Tuesday for the administration's vague agenda regarding future trade deals and a long-awaited tariff review that she described as "optimistic" and "coming soon."

  • April 16, 2024

    Mercedes Rusty Subframe Suit Is Too Vague, Judge Is Told

    Mercedes-Benz argued in court Tuesday that a proposed class action over a claimed subframe defect should be dismissed as an improper shotgun pleading as it directs allegations at "Mercedes" without specifying whether the German parent company or its Atlanta subsidiary are supposedly to blame.

  • April 16, 2024

    Under Armour Insurers To Cover Disputes In 2 Policy Periods

    Under Armour's excess insurers must provide additional coverage to the company in connection with a consolidated securities class action, derivative matters and government investigations, a Maryland federal court announced.

  • April 16, 2024

    Colo. Shooting Case Could Return To State Court, Judge Hints

    A federal judge in Connecticut hinted Tuesday that he might send cases by Colorado mass shooting victims against gunmaker Sturm Ruger & Co. back to state court, noting that only rarely may district court judges hear core state law claims when federal law provides an ingredient in the analysis.

  • April 16, 2024

    Amway Parent Must Face Trial In Retirees' 401(k) Suit

    A Michigan federal judge refused Tuesday to totally free Amway's parent company from a class action accusing it of stacking its 401(k) with unwise investments and excessive fees, saying a jury should determine whether the company's investment review process was prudent.

  • April 16, 2024

    IBM Gained Most AI Patents By Far In 2023

    IBM obtained more U.S. artificial intelligence patents in 2023 than any other company, with its closest competitors falling behind by more than 300 patents, according to a Harrity Patent Analytics report announced Tuesday

  • April 16, 2024

    Barnes & Noble Education Reaches Deals To Reduce Debt

    Paul Hastings LLP-advised Barnes & Noble Education Inc., which provides solutions for the education industry, on Tuesday announced that it has entered into various agreements meant to significantly strengthen its long-term financial position and reduce its debt, allowing the company to continue investing in education innovation.

  • April 16, 2024

    Shelf Co. Gets Dumping Duties For 4 Countries, But Not India

    A domestic producer of industrial steel shelves secured most, but not all, of its requested anti-dumping duties on overseas producers, with the U.S. Department of Commerce levying tariffs topping 224% on Vietnamese producers, but none for Indian businesses.

  • April 16, 2024

    Court Urged Not To Quash Google's Agency Subpoenas

    A special master has recommended that a Texas federal court allow Google to interview witnesses from three state agencies as the tech giant defends against a case from state-level enforcers accusing it of monopolizing key digital advertising technology.

  • April 16, 2024

    Del. Justices OK Midcase Review Of TripAdvisor Move

    Delaware's Supreme Court will consider whether the Court of Chancery properly denied TripAdvisor's motion to dismiss a shareholder lawsuit over its corporate move to Nevada, finding that a midcase appeal of the ruling involves a question of law and could be "beneficial."

  • April 16, 2024

    Builder Ends EEOC Suit Accusing It Of Firing White Worker

    A manufactured-home builder will pay $135,000 to end a U.S. Equal Employment Opportunity Commission lawsuit accusing it of firing a white worker because he has a multiracial family and refused to take part in conversations belittling Black people, the agency said Tuesday.

  • April 16, 2024

    Ohio County, Town Escape Hemp Stores' Claims Over Raids

    An Ohio federal judge has thrown out claims from a group of hemp retailers alleging Greene County and the town of West Carrollton violated their constitutional rights by illegally raiding their properties.

  • April 16, 2024

    Trade Commission Confirms Turkish Paper Bags Hurting US

    The U.S. International Trade Commission unanimously voted Tuesday that paper shopping bags imported from Turkey are hurting the United States' domestic industry through unfairly lower prices.

  • April 16, 2024

    Carparts.com Stockholder Revs Up Poison Pill Suit In Del.

    A stockholder of e-commerce auto parts supplier Carparts.com Inc. has sued for a Delaware Court of Chancery order blocking a low-threshold, shareholder rights plan takeover defense allegedly adopted by the company to corral investor unrest after three years of losses.

  • April 16, 2024

    Macy's New CLO Earned $1.5M In First Month On The Job

    An embattled Macy's Inc. gave its new chief legal officer an $840,000 signing bonus plus $630,000 in stock awards when she joined the iconic department store chain on Jan. 8, according to the company's proxy statement.

  • April 16, 2024

    Investors Say Cannabis Group Took $9.1M In Fraud Scheme

    Three investors are suing a California-based cannabis company and several affiliates, saying they were induced to invest more than $9.1 million in exchange for ownership shares of dispensaries, but have seen little to no return on their investment while their money was diverted.

  • April 16, 2024

    Chancery Tosses Zelle Fraud Suit Against JPMorgan Directors

    A JPMorgan Chase & Co. shareholder that sued the bank's board for allegedly ignoring fraud on the payment platform Zelle has not shown the bank failed to respond to the problem, a Delaware Chancery Court judge ruled Tuesday, dismissing the shareholder's case.

  • April 15, 2024

    Dems Grill Chamber Over 'Outrageous' CFPB Card Fee Suit

    Two top Democratic senators are calling on the U.S. Chamber of Commerce to explain why it sued to block the Consumer Financial Protection Bureau's $8 credit card late fee rule, a case they say is "outrageous" and puts the interests of big banks over the group's rank and file.

  • April 15, 2024

    McDonald's, Workers Battle Over Future Of No-Poach Case

    Workers suing McDonald's over its past use of no-poach provisions in franchise agreements have told an Illinois federal court the fast food chain is trying to slow down the case after the U.S. Supreme Court declined to take up its appeal.

  • April 15, 2024

    Calif. Cannabis Co. Stiiizy Sued Over Delta-8 Products

    California cannabis giant Stiiizy has been accused of selling products which were touted as federally compliant hemp wares but purportedly had high enough levels of psychoactive THC to qualify as marijuana products, according to a proposed class action in Illinois federal court.

  • April 15, 2024

    Panera Hit With False Ad Suit Over 'Sprouted Grain' Bagel

    A customer hit Panera LLC with a proposed class action accusing the restaurant chain of falsely marketing its bagels as made with sprouted grains despite the main ingredient being less healthy non-sprouted grains, according to a suit removed to California federal court Friday.

Expert Analysis

  • New Wash. Laws Employers Should Pay Attention To

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    The Washington Legislature ended its session last month after passing substantial laws that should prompt employers to spring into action — including a broadened equal pay law to cover classes beyond gender, narrowed sick leave payment requirements for construction workers and protections for grocery workers after a merger, say Hannah Ard and Alayna Piwonski at Lane Powell.

  • 3 Lessons From Family Dollar's Record $41.7M Guilty Plea

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    Family Dollar's recent plea deal in connection with a rodent infestation at one of its distribution facilities — resulting in the largest ever monetary criminal penalty in a food safety case — offers key takeaways for those practicing in the interconnected fields of compliance, internal investigations and white collar defense, says Jonathan Porter at Husch Blackwell.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • Opinion

    Anti-DEI Complaints Filed With EEOC Carry No Legal Weight

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    Recently filed complaints against several companies' diversity, equity and inclusion programs alleging unlawful discrimination against white people do not require a response from the U.S. Equal Employment Opportunity Commission, and should not stop employers from rooting out ongoing discriminatory practices, says former EEOC general counsel David Lopez.

  • 4 Ways AI Tools Can Improve Traditional Merger Analyses

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    Government officials at the American Bar Association's annual antitrust spring meeting last week reinforced the view that competition cases will increasingly rely on sophisticated data analysis, so companies will likewise need to use Big Tech quantitative techniques to improve traditional merger analyses, say Patrick Bajari, Gianmarco Calanchi and Tega Akati-Udi at Keystone.

  • Cos. Should Mind Website Tech As CIPA Suits Keep Piling Up

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    Businesses should continue evaluating their use of website technologies and other data-gathering software and review the disclosures in their privacy policies, amid an increase so far in 2024 of class actions alleging violations of the California Invasion of Privacy Act's pen register and trap-and-trace provisions, say attorneys at Sheppard Mullin.

  • Questions Persist After Ruling Skirts $925M TCPA Award Issue

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    After an Oregon federal court's recent Wakefield v. ViSalus ruling that the doctrine of constitutional avoidance precluded it from deciding whether a $925 million Telephone Consumer Protection Act damages award was constitutionally sound, further guidance is needed on when statutory damages violate due process, says Michael Klotz at O'Melveny.

  • Benzene Contamination Concerns: Drugmakers' Next Steps

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    After a citizen petition to the U.S. Food and Drug Administration and a flurry of class actions over benzene contamination in benzoyl peroxide acne products, affected manufacturers should consider a thoughtful approach that includes assembling internal data and possibly contacting the FDA for product-specific discussions, say attorneys at Morgan Lewis.

  • How Retail Tenants Can Avoid Paying Rent Prematurely

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    When negotiating leases for spaces in shopping centers, retail tenants should ensure that the language specifies they only need to begin paying rent when the center is substantially occupied as a whole, as it can be difficult to modify leases that are executed without co-tenancy requirements or termination rights, say Joshua Bernstein and Benjamin Joelson at Akerman.

  • Analyzing New EU Measure To Prevent Reexports To Russia

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    Niels Ersbøll, Alexander Italianer and Laura Beuls at Arnold & Porter offer a comprehensive overview of the European Union's new rule requiring export agreements to contain a clause prohibiting the reexport of goods to Russia, and discuss what companies should do to ensure compliance.

  • Back Labels In False Ad Cases Get Some Clarity In 9th Circ.

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    Courts in the Ninth Circuit have recently delivered a series of wins to advertisers, making clear that any ambiguity on the front of a product's package can be resolved by reference to the back label — which guarantees defendants a powerful tool to combat deceptive labeling claims, say attorneys at Patterson Belknap.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q1

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    The first quarter of 2024 saw a number of notable legal and regulatory developments that will significantly affect New York's financial services industry, including the New York Department of Financial Services' finalized novel guidance directing banks to continuously monitor the character and fitness of key personnel, say Brian Montgomery and Nathan Lewko at Pillsbury.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • The Merger Cases That Will Matter At ABA Antitrust Meeting

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    While the American Bar Association's Antitrust Spring Meeting this week will cover all types of competition law issues in the U.S. and abroad, expect the federal agencies' recent track record in merger enforcement to be a key area of focus on the official panels and in cocktail party chatter, say attorneys at Freshfields.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

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